Best Cannabis Lawyers in Aberdeen
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Find a Lawyer in AberdeenAbout Cannabis Law in Aberdeen, United Kingdom
Cannabis remains an illegal controlled drug throughout the United Kingdom, including Aberdeen, Scotland. It is classified as a Class B drug under the Misuse of Drugs Act 1971. Possession, supply, production, and cultivation are criminal offences. While policing and prosecution operate within Scotland’s distinct legal system, the core drug laws apply UK-wide. Medical cannabis products can, in limited circumstances, be prescribed by specialist doctors. Cannabidiol, known as CBD, can be sold lawfully if it complies with strict rules, including negligible controlled cannabinoids and food standards requirements where relevant.
Aberdeen is policed by Police Scotland, with prosecutions handled by the Crown Office and Procurator Fiscal Service. Some cases of simple possession may be dealt with by a Recorded Police Warning or other alternatives to prosecution, but this is discretionary and does not mean cannabis is decriminalised. Convictions can carry serious penalties and consequences for employment, travel, housing, and immigration.
Why You May Need a Lawyer
You may need legal advice if you are stopped and searched for suspected drug possession, arrested for possession, supply, or cultivation, or interviewed under caution. Early legal assistance can help protect your rights, guide you on what to say in interview, and seek the least severe outcome available. If you are charged, a solicitor can assess the evidence, consider defences, negotiate with the Procurator Fiscal, and represent you in court. Legal help is also valuable for drug driving allegations, cases involving medical cannabis prescriptions, or where property has been seized.
Businesses and professionals may need advice when selling CBD products to ensure compliance with controlled drugs law, food law, and trading standards. Landlords and employers may need guidance on their duties if cannabis use or cultivation is suspected on premises or in the workplace. Individuals with past convictions may seek advice on disclosure rules, rehabilitation periods, or record correction.
Local Laws Overview
Misuse of Drugs Act 1971 and Misuse of Drugs Regulations 2001 apply in Aberdeen. Cannabis is Class B. Possession carries a maximum penalty of up to 5 years imprisonment, an unlimited fine, or both. Supply, production, and cultivation carry a maximum of up to 14 years imprisonment, an unlimited fine, or both. Even a small grow can be charged as production. Sentencing depends on factors such as quantity, intent, role, and previous record.
Medical cannabis products can be prescribed by specialist doctors for certain conditions when clinically appropriate. Such products are tightly controlled and possession is lawful only when in line with a valid prescription. Carrying proof of prescription is important, especially when travelling.
CBD products must contain only trace controlled cannabinoids and must comply with relevant regulations. For ingestible products, Food Standards regulations apply, including the Novel Foods regime. Local trading standards can enforce against non-compliant products. Advertising must not make unauthorised medical claims.
Drug driving is an offence under road traffic law. Scotland uses specified limits for certain drugs, including THC. Police can conduct roadside tests, followed by confirmatory blood tests. A conviction can result in a minimum 12-month driving ban, a fine, and potentially imprisonment, along with increased insurance costs.
Policing and prosecution in Scotland have distinctive features. Police Scotland can stop and search with reasonable grounds to suspect possession of controlled drugs. The Crown Office and Procurator Fiscal Service decides on prosecution or alternatives such as diversion or fiscal fines. Aberdeen Sheriff Court hears most cases in the area.
Industrial hemp cultivation requires a Home Office controlled drugs licence and strict compliance. This is a commercial activity and does not authorise recreational possession or use.
Frequently Asked Questions
Is cannabis legal in Aberdeen?
No. Cannabis is illegal in Aberdeen and across the United Kingdom. It is a Class B drug. Possession, supply, production, and cultivation are criminal offences, subject to serious penalties.
What are the penalties for cannabis possession?
The maximum penalty for possession is up to 5 years imprisonment, an unlimited fine, or both. Police and prosecutors may use discretion for low-level cases, but there is no guarantee. Outcomes range from a warning to court prosecution depending on the facts.
Can I be prescribed medical cannabis?
Yes, but access is limited. Since 2018, specialist doctors can prescribe cannabis-based products for medicinal use when clinically appropriate. These are unlicensed medicines subject to strict controls. General practitioners typically do not initiate prescriptions. Always carry proof of prescription to avoid legal issues.
Are CBD products legal in Aberdeen?
CBD itself is not controlled, but many CBD products are unlawful if they contain more than trace controlled cannabinoids like THC. Ingestible CBD products must comply with Food Standards rules, including Novel Foods requirements. Retailers and consumers should verify composition and compliance. Non-compliant products may be seized by trading standards.
Is it legal to grow a cannabis plant at home for personal use?
No. Cultivation of any cannabis plant is illegal without a Home Office licence. Even one plant can be treated as production. Convictions for cultivation can carry severe penalties.
What should I do if the police stop and search me for drugs?
Stay calm and do not obstruct. You can ask for the officer’s name, station, and the grounds for the search. You have the right to legal advice if arrested. Anything you say may be used as evidence. Seek a solicitor as early as possible.
What happens if I am caught drug driving with THC in my system?
Scotland uses specified drug limits. If you test over the limit for THC, you can face a minimum 12-month driving ban, a fine, and possibly imprisonment. A medical cannabis prescription is not a defence if you are impaired or over the specified limit. Get legal advice immediately.
Can employers in Aberdeen drug test for cannabis?
Yes, employers may conduct drug testing, particularly in safety-critical roles, if this is set out in a lawful policy. A positive test can have disciplinary consequences even where criminal proceedings do not occur. Medical cannabis patients should seek occupational health and legal advice about workplace policies.
Will a cannabis conviction appear on my record and for how long?
Convictions are recorded and can appear on Disclosure Scotland checks. Rehabilitation periods under the Rehabilitation of Offenders Act may apply after which a conviction becomes spent, but certain roles require higher-level disclosures where spent convictions can still be shown. Seek advice on your specific circumstances.
Are cannabis social clubs or private use allowed?
No. There is no legal framework that allows cannabis social clubs or private recreational use in Aberdeen. Possession remains an offence in public and in private, unless it is a lawful medical prescription held and used in line with that prescription.
Additional Resources
Police Scotland North East Division can provide information on local policing approaches to drug offences and community safety.
Crown Office and Procurator Fiscal Service offers guidance on prosecution policy and alternatives to prosecution in Scotland.
Law Society of Scotland provides a directory of solicitors for criminal defence, road traffic, regulatory, and human rights matters.
Scottish Legal Aid Board explains eligibility for legal aid and how to apply for publicly funded legal assistance.
Aberdeen Sheriff Court and Justice of the Peace Court can advise on practical matters like hearing dates and court procedures.
Citizens Advice Scotland can offer general guidance on legal issues, employment rights, and housing when a drug case affects daily life.
Release is a national charity focused on drugs law and policy that provides information and helpline support.
Scottish Drugs Forum provides harm reduction and policy resources relevant to Scotland.
NHS Grampian and your GP practice can provide health advice, treatment referrals, and information for patients with medical prescriptions.
Aberdeen City Council Trading Standards can advise businesses on CBD product compliance and consumer protection rules.
Next Steps
Prioritise your immediate legal position. If you have been arrested or invited to a voluntary interview, request a solicitor without delay. Do not answer substantive questions about allegations until you have taken legal advice.
Gather key documents. If you have a medical cannabis prescription, keep copies of your prescription, patient information leaflets, and any clinic correspondence. For CBD retail or business issues, collect product specifications, lab reports, and supplier contracts.
Contact a solicitor experienced in Scottish drug law. Ask about their experience with cannabis possession, supply, cultivation, and drug driving cases in Aberdeen Sheriff Court. Enquire about legal aid eligibility through the Scottish Legal Aid Board.
Consider the wider impact. Discuss with your solicitor any implications for immigration status, professional regulation, employment, or housing. Early advice can mitigate collateral consequences.
Follow professional medical guidance. If you are a medical cannabis patient, use your medication strictly as prescribed and avoid driving if you may be impaired. Keep your medication in original packaging and carry proof of prescription.
Stay informed and compliant. If running a CBD-related business, undertake a compliance review covering controlled drugs law, food standards, labelling, and advertising. Engage with trading standards proactively if needed.
This guide provides general information, not legal advice. For advice on your situation, speak to a qualified Scottish solicitor.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.